March 26, 2024
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Category: Appropriations

Congress Flat Funds OFCCP, NLRB and Other Workplace Regulators for Rest of FY 2024

Congress and the White House have finally reached a spending deal, six months after the government’s 2024 fiscal year began, with the approval of the Further Consolidated Appropriations Act, 2024 (H.R. 2882). This legislation funds a large portion of the government—including the Department of Labor (DOL) and the National Labor Relations Board (NLRB)—through September 30, 2024. It follows an earlier...
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March 12, 2024
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Category: Contingent Workers and Joint Employment

Federal Court Blocks Controversial NLRB Joint Employer Rule, Reinstates Trump-Era Rule

A federal trial court has vacated the controversial new National Labor Relations Board (NLRB) joint employer rule and restored the 2020 version of the rule that made it harder to find that an entity is a joint employer. If the new rule had taken effect as scheduled March 11, 2024, it would have been much easier to find that two...
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February 12, 2024
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Category: Labor Relations

Constitutionality of the National Labor Relations Board Challenged in Recent Litigation

Even though the National Labor Relations Board (NLRB or Board) has been around for almost 90 years, two companies are now pursuing litigation questioning the agency’s constitutionality. The National Labor Relations Act (NLRA) created the NLRB in 1935, and the Board has issued thousands of administrative rulings since then. Nevertheless, SpaceX and Trader Joe’s are challenging the Board’s very constitutionality...
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January 23, 2024
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Category: Labor Relations

D.C. Circuit Affirms NLRB Ruling That T-Mobile Operated an Illegal Company Union

Wireless telecommunications carrier T-Mobile established an illegal company union that must be dissolved, a divided appeals court panel ruled January 12, 2024. T-Voice, a worker feedback program created by T-Mobile, fit the definition of a labor organization under the National Labor Relations Act (NLRA), a panel of the U.S. Court of Appeals for the District of Columbia held. The panel...
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December 07, 2023
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Category: Labor Relations

Fifth Circuit Reverses Biden-Era NLRB Ruling on Tesla’s “Team Wear” Policy

The U.S. Court of Appeals for the Fifth Circuit has overturned a ruling from the National Labor Relations Board (NLRB) finding that a team-wear policy of non-union automaker Tesla violated federal labor law. Tesla’s policy required employees to wear t-shirts emblazoned with the company logo. It allowed employees to wear stickers with union insignia on the shirts, but it did...
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November 28, 2023
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Category: Congress

NLRB Delays Joint Employer Rule Effective Date in Response to Legal Challenges

The National Labor Relations Board (NLRB) has postponed the effective date of its controversial new joint employer rule until February 26, 2024, two months later than the originally announced effective date of December 26, 2023. The Board said it is delaying the rule’s implementation “to facilitate resolution of legal challenges.” Two lawsuits have been filed to challenge the rule—one by...
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November 15, 2023
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Category: Agency Enforcement

Latest Annual NLRB Enforcement Numbers Show Another Sharp Increase in ULP Charges Filed

The number of unfair labor practice (ULP) charges filed with the National Labor Relations Board (NLRB or Board) by workers and their union representatives has increased by 30% over the last two years, according to NLRB enforcement data. The 19,869 ULP charges filed in FY 2023 are the highest number of charges filed since FY 2016. The NLRB’s annual enforcement...
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November 06, 2023
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Category: Labor Relations

NLRB, Brushing Off Employer Objections, Issues Expanded Joint Employer Rule

The Biden-appointed Democratic majority on the National Labor Relations Board (NLRB or Board) has issued a final rule redefining the standard for determining when two employers are considered a joint employer under the National Labor Relations Act (NLRA). The new rule will make it much easier for a business to be found to be a joint employer of another company’s employees and...
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September 27, 2023
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Category: Biden Administration

Biden-Era NLRB Continues To Give Federal Labor Law a Pro-Union Tilt

The Biden-appointed Democratic majority on the National Labor Relations Board (NLRB or Board) is continuing to give a pro-union tilt to federal labor law by reversing the Trump-era Board’s management-friendly rulings. With the Senate confirmation of Biden appointee Gwynne A. Wilcox to a second five-year term on September 6, 2023, the NLRB will have a union-friendly majority at least through...
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September 13, 2023
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Category: Labor Relations

NLRB Issues Rule To Speed Up Union Representation Election Process

The Biden-appointed majority on the National Labor Relations Board (NLRB or Board) has issued a final rule intended to speed up union representation elections. The rule removes several time-consuming steps put in place by the Trump-era Board and is expected to benefit unions seeking representation by giving employers less time to dissuade workers from forming or joining a union. The new...
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